Proposed PUC Rules Would Require Disclosure To Customer of Whether Aggregator Is Compensated By Retail Supplier

The New Hampshire PUC has proposed revisions to its electric supplier rules that include new disclosures required from aggregators.

Under the proposed rules, each aggregator shall include, among other things, the following in its terms of service:

• Whether the aggregator receives fees or compensation from a CEPS [competitive electric power supplier], through energy supply service rates or otherwise, for accounts it places with the CEPS

• The names of any CEPS that is affiliated with the aggregator

• The names of any CEPS that is not legally affiliated with, but shares common management or ownership with the aggregator

• A statement whether the agreement with the aggregator authorizes the aggregator to enter into a supply contract with a CEPS on the customer's behalf and if authorization is with or without further communication with the customer

• The criteria the aggregator will use when selecting a CEPS for the customer

The draft rules also set forth rules applicable for aggregators entering into agency relationships with customers, including requirements for customer authorization of such agency agreements

Customer authorization for grant of agency authority to an aggregator shall either be obtained:

(1) In writing;

(2) Through e-mail;

(3) Through electronic on-line confirmation; or

(4) Verbally, by recorded telephone conversation [note, a TPV is not required].

The definition of an aggregator includes brokers; however, a buyer's aggregator, which means an aggregator that receives no compensation or remuneration from an electricity supplier, is not subject to any of the proposed rules except for the requirement to register with the PUC

"Aggregator" would mean any person or entity, other than a utility, that aggregates electric load or serves as a broker on behalf of a competitive electric power supplier, an individual customer, a group of customers, or any combination thereof. An aggregator does not take ownership of the electricity. The term does not include any employee aggregating load or brokering electricity supply on behalf of her or his employer.

"Buyer's aggregator" would mean an aggregator that receives no compensation or remuneration from an electricity supplier, such as a municipality that aggregates electric load or energy services for its citizens or an RSA 301-A consumer cooperative that aggregates electric load or energy for its members.

See Related Stories Today on Proposed Rules:

U.S. State To Ban Door-to-Door Electricity Sales ; Restrictions on Telemarketing Also Proposed

PUC Proposes To Require Advance Notice of Variable Rate Changes In Excess of 10%; Rules Appear To Prohibit "Variable" Pricing Products With Terms Longer Than One Month

Mandatory Public Price Posting, Longer Rescission Period, Contract Cancellation Via Supplier Website Among Changes Under PUC's Proposed Supplier Rules

Docket DRM 16-853